So, does that mean you think Bush v. Gore was wrong too? And Bake v. Carr — which limited the traditional state power to apportion legislative seats? And what else would you remake from the history of the 14th Amendment?

The National Popular Vote project shows there’s no need to amend the constitution to make the popular vote mandatory. States have the freedom to select whatever electors they want (subject to the 14th A). It’s free to select electors who say they’ll vote for the person who wins the national popular vote.

And as for amending the constitution — I think those who ignore the Civil War Amendments are the ones who are amending the Constitution. We should call them “selective constitutionalists,” if we want to be polite.

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law professor, activist.

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